Welcome to Eclectic Auctions Ltd.
We, Eclectic Auctions Ltd and/or our affiliates (“We” or "Eclectic") provide website features and other services to you, the user (“You” or the “User” or “Users”) when you visit or use www.eclecticauctions.co.uk (the "Website"), use our services, use our applications for mobile, or use software provided by us in connection with any of the foregoing (collectively, the “Services”). We only provide Services to you subject to the terms and conditions set out herein, which may be changed or made subject to new conditions from time to time as we deem necessary (the “Conditions”).
BEFORE YOU USE THIS WEBSITE OR OUR SERVICES, PLEASE READ THE CONDITIONS CAREFULLY, INCLUDING “DISPUTE RESOLUTION/ARBITRATION” AND “LEGAL DISCLAIMERS/LIMITATIONS OF LIABILITY.”
YOUR USE OF OUR WEBSITE AND SERVICES SIGNIFIES YOUR CONSENT TO OUR CONDITIONS AND CREATES A BINDING USER AGREEMENT BETWEEN ECLECTIC AUCTIONS AND ITS USERS. YOU WILL BE ASKED TO ELECTRONICALLY CONFIRM YOUR AGREEMENT WHEN YOU ENGAGE WITH ANY OF OUR SERVICES, (the “User Agreement” or the “Agreement”)
2.1. The Services We Provide. Eclectic Auctions is solely and exclusively an online listing and information service that brings together Buyers and Sellers to help them transact business with one another for cars, motorbikes, pedal-bikes, motorboats, automobilia and any other Vehicle-related products and collectible (collectively, “Vehicles”), including by (i) submitting bids for the purchase of Vehicles posted for auction as a “Buyer” and (ii) submitting a Vehicle description and any other related information in connection with the listing of a Vehicle for sale on the Eclectic Website as a “Seller.” The precise method and manner by which we provide such services is entirely within our discretion and may be changed from time to time as we deem appropriate.
2.2. Services We DO NOT Provide.
2.2.1. WE ARE NOT AN AUTOMOBILE DEALER OR BROKER. WE DO NOT SELL, EXCHANGE, BUY, OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE THE SALE OR EXCHANGE OF ANY VEHICLE OR ANY INTEREST IN ANY VEHICLE LISTED FOR SALE OR SOLD ON OUR SERVICE.
2.2.2. AS AN AUCTION LISTING SERVICE, WE OCCASIONALLY ALLOW OUR STAFF TO USE OUR SERVICE TO LIST VEHICLES THAT THEY OWN OR HAVE AN INTEREST IN, IN SUCH CASES IT WILL BE MADE CLEAR TO THE PURCHASER THAT THIS IS THE CASE.
2.2.3.WE DO NOT ENDORSE OR SELL, BROKER OR OFFER TO SELL OR BROKER ANY OTHER SERVICES OR PRODUCTS SUCH AS VEHICLE FINANCING, SERVICE CONTRACTS, INSURANCE OF ANY KIND, VEHICLE REGISTRATION OR TITLING SERVICES OR ESCROW SERVICES
2.3. License Grant. Based upon the aforesaid disclosure and the Conditions, you are hereby granted a limited license (“License”) to use Eclectic Services. This License is limited, non-transferable, and freely revocable by Eclectic Services at any time, upon notice including posting. We reserve all rights not expressly granted herein in Eclectic Services and may terminate this license at any time for good reason, for any reason or for no reason whatsoever.
2.4. Eclectic Content Rights. Except for Seller’s Content, as defined below, the Eclectic Services and all content and materials included therewithin or transferred in connection thereto (the “Eclectic Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Eclectic Services and its designees, if any. Unless expressly stated herewithin, nothing in these Conditions shall create or be deemed to create any right, title, interest including any license in or under any such Intellectual Property Rights. Use of Eclectic Content for any purpose not expressly allowed by these Conditions is absolutely prohibited. You agree not to sell, license, rent, modify, distribute, reproduce, transmit, publicly display or perform, publish, adapt, edit or create derivative works from any Eclectic Content.
2.5. Eclectic Marks. “Eclectic Auctions,” the Eclectic logo, and any other product or service name or slogan displayed on our Service are trademarks of Eclectic Auctions Ltd and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Eclectic” or any other name, trademark or product or service name of Eclectic without our prior written permission. In addition, the look and feel of our Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Eclectic and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
2.6. User Feedback. You may choose to or we may invite you to submit feedback about the Service, including without limitation ideas about how to improve the Service (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Feedback, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from other sources
3. Conditions of Your Use
3.1. Who Can Use Eclectic Services.
3.1.1. Only Users who have read and agreed to the Conditions as provided in Section 1;
3.1.2. Users who, on an ongoing basis, honor the Conditions;
3.1.3. No person under the age of 18;
3.1.4. No person who has been banished or barred as a User.
3.2.1. Eclectic Accounts. Your Eclectic account gives you access to the services and functionality that we establish, maintain and from time to time may modify at our sole discretion. We may maintain different varieties of accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Conditions, and that you agree to these Conditions on the entity’s behalf.
3.2.2. Permissions. You may not ever use another User’s account without permission. When creating your account, you must provide accurate and complete information, and keep this information up to date. You are solely responsible for your account, and you must keep your account password secure. We recommend that you to use “strong” passwords. You must notify Eclectic immediately of any breach of security or unauthorized use of your account or of the Services. Eclectic will not be liable for any losses caused by any unauthorized use of your account or of the Services.
3.2.3. Consents. By providing us with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of postal communication. We may also use your email address to send you other messages, such as changes to features of the Service, special offers and newsletters. If you do not want to receive such newsletter email messages, you may unsubscribe to such messages using the link at the bottom of the email.
3.3. Eclectic Control. Eclectic controls all aspects of the Service, the Website and its software. As such, we may, with or without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend access to the Service by a User or all Users without notice and liability for any reason, including if in our sole determination you violate any aspect of these Conditions, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Conditions as may be applicable.
3.4. Prohibited Website Activities. You agree not to engage in any activities which copy, misuse or threaten to damage our Website, its content or software. The following list of prohibited activities is by way of example not limitation: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy publicly available materials from our website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) except as otherwise expressly permitted by us, using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
3.5. No Third Party Relationship. Nothing herein, or in any use of the Service, creates or is intended to create on behalf of Eclectic any contractual relationship or third party involvement as between a contract or relationship between the Buyer and Seller, such as by making Eclectic a third party participant in a Vehicle sale contract between Buyers and Sellers that originates on or through the Service. Users are solely responsible for their own interactions with other Users. We reserve the right, but have no obligation, to be aware of disputes between Users. However, we expressly here state that we shall have no liability for interactions between Users, or for any User’s action or inaction vis a vis another User that may cause damage, whether actual or alleged..
3.6. Seller Content. Eclectic does not claim ownership of Seller-generated content and material provided to us in connection with the Services (collectively “Seller Content”). By submitting any Seller Content, you grant to Eclectic and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the Seller Content, as well as your name, persona and likeness included in any Seller Content and your social media account handle, username, real name, profile picture and/or any other information associated with the Seller Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the Seller Content pursuant to these Conditions or (ii) inspect or approve the editorial copy or other material that may be used in connection with the Seller Content. Eclectic retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any Seller Content for any reason or no reason. Subject to the licenses granted herein, you retain any copyright and other rights you may have in the Seller Content.
3.7. Seller’s Reps and Warranties. By submitting Seller Content, you represent and warrant that (i) you own or control any and all rights in and to the Seller Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the Seller Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the Seller Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request, you will furnish Eclectic any documentation, substantiation or releases necessary to verify your compliance with these Conditions. You are solely responsible for the Seller Content and you hereby agree to indemnify and hold Eclectic and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
3.8. Eclectic Reps and Warranty.
3.8.1 Eclectic represent and warrants that it has used reasonable commercial diligence and exercised its reasonable efforts to create a website that functions in accordance with this User Agreement.
3.8.2. Eclectic does not warrant the truthfulness, accuracy or reliability of any Seller Content or endorse any opinions expressed by you or anyone else. By submitting the Seller Content you fully and unconditionally release and forever discharge Eclectic and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and a Buyer or one or more Users or any other person or entity, or (ii) the use by us or you of the Seller Content, including, without limitation, any and all claims that use of the Seller Content violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity.
3.8.3. You acknowledge and agree that Eclectic has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any Seller Content. Eclectic acts as a passive conduit for Seller Content and has no obligation to screen or monitor Seller Content. If Eclectic becomes aware of any Seller Content that allegedly may not conform to its Conditions, Eclectic may investigate the allegation and determine in its sole discretion whether to take action, provided however that Eclectic has no liability or responsibility to Users for performance or nonperformance of such activities.
3.9. Mutual Good Faith Agreement and Notice. Prior to Eclectic’s publication of the Seller’s listing (the “Listing”), Seller agrees to provide to Eclectic a reserve amount indicating the minimum price at which the Seller will make a sale of the applicable Vehicle (the “Reserve”) . Seller may reduce or waive the Reserve by notifying Eclectic of such change via email or, if available, Eclectic’s web-based notification tools made available to Seller. If we believe you are abusing the Service, in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
3.10. Important notice of good faith: Eclectic Auctions supports its users in good faith and in turn depends upon its users to conduct business in the same manner. Accordingly, once your listing goes live with Eclectic Auctions and we have publicised your listing, you agree to complete the auction process in good faith as follows:
3.11. If you fail for whatever reason to honour the sale to the winning bidder for the price that the item sold for on the website (within a reasonable time frame from auction end that we deem fit) or if you withdraw your listing for whatever reason prior to the end of the auction, you agree to pay Eclectic Auctions a five percent (5%+VAT) service fee calculated on the final sale price of the item or for listings withdrawn by the seller, calculated on the item reserve price or Eclectic Auctions estimated current market value for an item listed with no reserve. This fee constitutes our earned consideration for the listing and its publication. Eclectic Auctions reserves the right to end an auction early at any time and for whatever reason. Users, sellers and buyers, agree that Eclectic Auctions has no obligation to them either financial or otherwise if we end an auction early.
3.12. Buyer Acknowledgment. Buyer agrees that (i) each bid submitted via the Service is binding on the Buyer with respect to applicable Buyer’s fees, and (ii) Buyer is responsible for all applicable government fees and taxes applicable for Vehicles listed via the Service. Sellers are not responsible for any shipping or delivery fee. We recommend that an in-person inspection take place, however, whether an inspection takes place or not, you acknowledge and agree that Eclectic bears no risk or responsibility associated with purchasing of a Vehicle listed via the Service. Eclectic make no warranties and bears no risk or responsibility whatsoever with respect to any third party inspection services recommended or provided to you.
3.13. Sealed Bid Final Offer. At the end of an auction, if no bid has met the Seller’s Reserve, the Seller's item will automatically be offered to ‘the highest bidders (“HB”) at auction end’ and/or a ‘third party company (“TPC”) deemed acceptable by Eclectic Auctions, in order for them to submit, by sealed bid, a final offer price between the Reserve and the highest bid received during the auction (the “Final Offer”). The highest sealed bid Final Offer will be submitted to the Seller within 48h of auction end. The Seller may then, but is not obliged to, accept such Final Offer within 24h. Acceptance of a Final Offer will constitute a separate valid and binding contract as between Seller and HB or TPC. SELLER ACKNOWLEDGES AND AGREES THAT HB and/or TPC MAKING OF SUCH FINAL OFFER AND ITS ACCEPTANCE BY SELLER IS AN INDEPENDENT TRANSACTION FROM ECLECTIC AND DOES NOT IN ANY WAY MAKE ECLECTIC A PARTY TO SAID SALE OF SELLER’S VEHICLE OR ANY OTHER TRANSACTION BETWEEN SELLER AND SAID BUYER OR ANY FUTURE POTENTIAL OR DOWNSTREAM BUYER. SELLER FURTHER ACKNOWLEDGES THAT THE VEHICLE SOLD MAY BE RESOLD AFTER 4 MONTHS ON THE ECLECTIC WEBSITE AT SAID BUYER’S OPTION.
4. Financial Matters
4.1. Customer Fees. Your use of the Service requires that that you pay us fees (“Fees”).. If you elect to pay these fees, you agree to the payment and pricing terms. N.B. Eclectic Auctions currently charges a (5%+VAT) Buyer’s fee calculated on the price the item sold for (Hammer Price) either at auction or through sealed bid. This buyer's commission is the fee for our service and is not included in the price the item sold for. We do not currently charge any fees or commission to Sellers that qualify by meeting the requirements in our terms and conditions. Fees may include the following and may be modified at our discretion from time to time: (i) Seller Listing Fees; (ii) Buyer’s Initial Bid Deposit, and (iii) Additional Buyer’s or Seller’s Fees. Fees exclude government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law, any or all of which may be added to the listed price to arrive at the final sale price of a particular Vehicle. All amounts listed on the website are in British Pounds.
4.2. Payment Data and Taxes. All Fees paid by you to Eclectic shall be made through our designated third party payment processing service. Applicable terms of service can be found at Stripe T&C. All data that you provide in connection with any financial transaction interaction with Eclectic or our payment processing service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or other financial transaction interacted with us at the prices in effect when such charges are incurred. You will pay any applicable taxes or fees relating to such purchases or other financial transactions.
4.3. Referral Fees. Eclectic offers a referral fee of £100 +VAT (British Pound Sterling) to Registered Users who refer new Sellers whose Vehicles (this includes Desirables) are listed and successfully sold (“Successful Referral Fee”) for a price in excess of £3,000 (British Pound Sterling) via the Service for the first time. To qualify, the Seller must correctly fill out the submission form at time of initial submission; no referral fee will be earned if an invalid referer name and email address is listed in this form, if more than one referrer is listed in this form, if the submitted item is not the Seller’s first submission via the Service, if the submitted item listing is not accepted by Eclectic, if it is not published or the item is not successfully sold. Referral Fees cannot be used in conjunction with other offers or agreements. When contacted, Referring Users must submit valid contact details and other information requested such as payment/remittance details prior to receiving payment. Referring User must be 21 years of age or older to be eligible to earn referral payments. All valid referral fees earned will be paid ( upon proof of Vehicle sale and collection ) in a method and manner of our choosing within 180 days of date the referral fee was earned. Referral fee amount subject to change upon Notice by Eclectic at any time. We reserve the right to discontinue the referral fee offer at any time. This offer void where prohibited by law.
4.4. Refunds Policy. You may cancel your Eclectic Account at any time; however, there shall be no refunds due upon cancellation. However, Seller’s fees, if applicable, may be refundable before a Seller’s listing is publicized. If for any reason we suspend or terminate your account or this Agreement, you understand and agree that you shall receive no refund, including in any content or data associated with your account or for anything else.
5. Legal Disclaimers/Limitations of Liability
5.1. Eclectic has prepared the content and functionality of this website and of its Services responsibly and carefully, but disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the Content or materials on this website or on other linked websites or on any subsequent links or the reliability of the software relating thereto. Nor does Eclectic make any representation or warranty, and expressly disclaims any liability with respect to copyright statements and related terms.
5.2. We try to keep our Website and Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control including Acts of God and force majeure events.
5.3. We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from the following list, which is by way of example, not limitation:
5.3.1. your use of or your inability to use our Services;
5.3.2. pricing, postage or other administrative guidance provided by us;
5.3.3. delays or disruptions in our Services;
5.3.4. viruses or other malicious software obtained by accessing, or linking to, our Services;
5.3.5. glitches, bugs, errors, or inaccuracies of any kind in our Services;
5.3.6. damage to your hardware device from the use of our Services;
5.3.7. the content, actions, or inactions of third parties, including items listed using our Services;
5.3.8. a suspension or other action taken with respect to your account;
5.3.9. the duration or manner in which your listings appear in search results; or
5.3.10. your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
5.3.11. Explanations and Modifications of Our Liability Disclaimer
5.4. Some jurisdictions may not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Where this is the case, all other provisions still apply.
5.5. You accept sole responsibility for the legality of your actions under laws applying to you and any items you list on our Website.
5.6. Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Eclectic cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
5.7. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100.
5.8 Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or serious personal injury resulting from our gross or wilful negligence or that of our employees or contract agents, or for any other liability that cannot be limited or excluded by law.
5.9. This disclaimer includes, but is not limited to the following:
5.9.1 any implied warranties of merchantability and fitness for a particular purpose;
5.9.2. any liability for damage to your computer hardware, data, information, materials and business resulting from the information or the lack of information available;
5.9.2. any errors, omissions, or inaccuracies in the information;
5.9.3. any decision made or action taken or not taken in reliance upon the information.
5.10 Eclectic makes no warranty as to the content, accuracy, timeliness or completeness of the information or that the information may be relied upon for any reason and bears no responsibility for the accuracy, content or legality of any linked site or for that of any subsequent links. Eclectic makes no warranty that the website service will be uninterrupted or error-free or that any defects can be corrected.
5.11 Eclectic shall not be liable for any losses or damages (including without limitation consequential loss or damage) whatsoever from the use of, or reliance on, the information in its website, or from the use of the Internet generally. Any links to other websites do not constitute an endorsement or our approval of any products, services, policies or opinions of the organisation or individual.
5.12 When you finish interacting with one or more online services using your Account, you must then logout and close all of your browser windows to prevent other users from accessing Services through your account. Please be aware that Eclectic accepts no liability for financial or any other loss incurred if you do not logout and close all of your browser windows.
6. Privacy. Eclectic takes its Users’ privacy concerns seriously. Please review our Privacy Notice
7. Dispute Resolution/Arbitration.
7.1. Eclectic takes its Users’ legal rights seriously. Please review and, if applicable, utilize our Notice and Procedure for Disputes or Claims of Legal Right Violation at the following. Upon Eclectic’s receipt of such Notice, we and you agree to use our best efforts to resolve the matter informally, through good faith consultation and negotiation. If our efforts do not succeed, you may utilize the Dispute Resolution & Arbitration procedures set forth below.
7.2. Dispute Resolution & Arbitration. Any party to this Agreement shall have the right to recourse to and shall be bound by the pre-arbitral referee procedure of the International Chamber of Commerce in accordance with its Rules for a Pre-Arbitral Referee Procedure.
7.3. All disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules of Arbitration.
7.4. Jurisdiction and Choice of Law. This Agreement, including the Legal Liability section and the disclaimers thereunder, and further including the Arbitration section, shall be governed by and construed in accordance with the laws of England and Wales under the exclusive jurisdiction of the courts of England and Wales.
7.5. Venue. Those who choose to access this site from outside the United Kingdom consent to jurisdiction and venue in the United Kingdom for purposes for Dispute Resolution & Arbitration. Non-UK Users are responsible for compliance with all local laws if and to the extent applicable. Non UK Users who are unable or unwilling to adhere to these Conditions agree to refrain from using our Services.
8.1. Severability. If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
8.2. Assignment. You may not assign your rights or responsibilities under this Agreement with Eclectic’s prior written consent. However, Eclectic may, at its option, assign some or all of our rights and obligations under this Agreement with or without your prior express consent, provided that we assign the User Agreement on the same or similar terms that, on the whole, are no less advantageous to you.
8.3. Headings. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
8.4. Release. If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
8.5. Amendments. We may amend this User Agreement at any time by email, by posting the amended terms on the Website. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them. This User Agreement may not be otherwise amended except through mutual agreement by you and our representative.
8.6. No Other Relationships. No agency, partnership, joint venture, employee-employer, franchiser-franchisee or third party beneficiary relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
8.7. Entire Agreement. The User Agreement, the Privacy Notice and all policies posted on our site are the entire agreement between us and supersede all prior understandings and agreements.
8.8. Survival. The following Sections survive any termination of this User Agreement: Fees, Content, Legal Liability and Dispute Resolution.
9. Contact and Notice Information.
9.1. User legal notices shall be sent by certified or registered mail to Eclectic Auctions Ltd. Mocatta House, Trafalgar Place. Brighton. BN14DU. United Kingdom.
9.2. We shall send notices to you by email to the email address you provide during the registration process and may supplement this by certified or registered mail if you provide a land mail address.
9.3. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of sending.
10.1 Free Prize Draws
10.1.1 Open to UK mainland residents, aged 18 and over, excluding employees of Eclectic Auctions UK, their immediate families or anyone professionally connected with the operation of the prize draw.
10.1.2 No Purchase Necessary.
10.1.3 To Enter: register and verify registration via the registration page on the site before the end date for the prize draw.
10.1.4 There is a maximum of one entry per household for the duration of the competition.
10.1.5 The Prize(s): Will be as stated on the website home page. Certain prizes may have additional prize conditions or exclusions. Ticket prizes generally do not include travel, meals, accommodation and other items of personal expense unless stated. Our prize draws may be promoted over several different websites simultaneously.
10.1.6 Please allow 28 days for delivery of prizes unless otherwise stated.
10.1.7 No bulk, third party or automated entries permitted or those submitted via macros or similar. Eclectic Auctions UK may disallow entries, refuse to award any prize, or seek its recovery, in the event of an entrant's fraud, dishonesty or non-entitlement under these terms and conditions.
10.1.8 For the name and county of the winner(s), please send an SAE to Eclectic Auctions Ltd, Free Prize Draw, Moccata House, Trafalgar Place, Brighton. BN14DU within four weeks of the relevant closing date.
10.1.9 No cash or other alternative to the stated prize is available, except in the event of unforeseen circumstances where the stated prize is no longer available, Eclectic Auctions UK reserves the right to provide a similar prize or a prize of equal or greater value.
10.1.10 A total of one winner will be selected for each month of competition from all valid entries in a random draw to be conducted within 7 working days of the closing date and for your total confidence to be conducted by a respected third party unconnected to Eclectic Auctions Ltd. In the case where a choice of a yearly magazine subscription is provided, the winner will be contacted first regarding their choice of magazine.
10.1.11 Winners will be notified by phone, e-mail or post within 14 days of the draw date and entrants who are not contactable within 30 days after reasonable means, shall be disqualified, lose their entitlement to the prize. Unclaimed prizes will be void and may be used for future prize draws.
10.1.12 By entering entrants agree to participate in reasonable publicity in the event that they are a winner. This may include use of their name and county of residence to confirm them as a winner in online publicity, in emails, and through any other print or social media;. If you do not agree with this we recommend that you do not enter into the draw.
10.1.14 Eclectic Auctions reserves the right to suspend / terminate any prize draw at any time if it has reasonable grounds for doing so, which may include without limitation a prize draw (or the website on which it is presented) being subject to, or affected by, any denial-of service (DOS) attacks, bugs, viruses or any other technologically harmful material or act of hacking by a third party, or in the event of any wilful attempt to breach these terms and conditions.
10.1.15 As a condition of your entry into any prize draw, you agree to indemnify us and our affiliates, officers, employees and agents from and against any and all liabilities, other expenses (including costs and legal fees) and damages arising out of claims resulting directly or indirectly from such entry.